Senate pushing to pass bill
limiting right to sue in Ohio

Published: May 4, 2004 8:00 PM

COLUMBUS (AP) Sharon Montgomery, victim of a car crash that led to $300,000 in medical bills, says limiting awards in injury lawsuits wreaks havoc with the time-honored system of giving Ohioans their day in court.Businessman David Hansen says frivolous lawsuits and skyrocketing jury awards are costing Ohioans jobs and hurting the economy.The two represent both sides of a showdown between the House and Senate headed for its next step Wednesday with the expected approval of a bill restricting lawsuits over defective products or unsafe businesses.This is a jobs bill, said Hansen, public policy services director for the Ohio Manufacturers Association. Weve lost 200,000 manufacturing jobs here in Ohio and some part of every one of those jobs is due to our tort system.The Senate Judiciary Committee voted 5-4 Tuesday to approve legislation that combines a $1 million cap on jury awards for pain and suffering with a measure that prohibits obese people from suing restaurants over health problems.The full Senate was expected to approve the measure Wednesday.The Senate easily passed the bill limiting lawsuits last year but has watched in frustration as it sat in the House with little movement.We picked up the pieces and were sending what we believe is needed to help stimulate this economy and whats good for business, said Senate Judiciary Chairman Steve Austria, a Dayton-area Republican.Earlier Tuesday the GOP-controlled committee combined the lawsuit bill with the obesity legislation that had already passed the House forcing the House to consider the pain and suffering limits.The combined bill passed along partisan lines with the exception of Republican Sen. Louis Blessing of Cincinnati, who voted against it, saying he believed parts were unconstitutional.Democrats protested the maneuver, with Sen. Marc Dann, a Youngstown Democrat, repeatedly referring to Republicans cramming one bill into another.House Rep. Scott Oelslager, a Canton Republican, has refused to move the legislation quickly, instead holding several hearings and trying to collect statistics on jury awards in Ohio.He often questions claims such as those made by Hansen; in January he asked Gov. Bob Taft for evidence to back up Tafts insistence that frivolous lawsuits were hurting businesses.The legislation gives House lawmakers outside of the 11 who sit on Oelslagers committee another option for considering the bill, said Sen. Steve Stivers, a Columbus Republican.House Republicans acknowledged their colleagues frustration but gave little indication they would go along with the maneuver.There is some doubt on the Senate side whether Scott is ever going to conclude his hearings, said Rep. Bill Seitz, a Cincinnati Republican and supporter of capping jury awards. I dont believe that to be correct, but thats what they feel.Democrats objected to combining the bills and protested by offering 29 amendments that attempted to soften the new legislations impact.I didnt come down here to circumvent the system, said Sen. Kimberly Zurz of Green.The amendments included unsuccessful attempts to strip the caps on jury awards and to require insurance companies to do more to lower their rates.Only two proposed changes passed: prohibiting lawsuits from naming more than two defendants and requiring the Ohio Supreme Court to do more to track frivolous lawsuits.Some victims of accidents opposed the maneuver and say Oelslagers deliberate approach should continue.The legislation goes against the very essence of our justice system, said Montgomery of suburban Columbus, injured in a September 2000 crash that also killed her husband, John.